Mercer County, NJ
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Farmland Preservation
Mercer County realizes the importance of farmland, not only from a production point of view, but also the aesthetic value, which improves one’s quality of life. Mercer County has shown a commitment to the preservation of farmland through the Open Space Trust Fund and by working with the State Agricultural Development Committee (SADC), local municipalities, and non-profit organizations. The Open Space Trust Fund provides Mercer County funding for the preservation of farmland.
There are two methods available to preserve farmland in Mercer County’s Farmland Preservation Program: easement purchase and fee simple purchase.
Easement Purchase
Selling an easement means a landowner sells certain rights to their property while retaining ownership. Under the easement purchase program, landowners voluntarily agree to sell the non-agriculture development rights for their land, and as a result of the sale, a permanent deed restriction is placed on the property. This deed restriction preserves the land so that it may not be developed for non-agriculture activities. The cost to purchase the easement is shared by the State and County and can include the municipality or a private sector partner.
After preservation, Mercer County will annually visit the property to ensure the deed restriction is upheld. If the land is ever sold, the deed restrictions continue to apply.
Fee Simple Purchase
The landowner sells the farm outright to the State or County. The State or County then resells the land after placing a permanent deed restriction on the property that prevents future non-agricultural development.
Term Preservation
Landowners can choose to voluntarily restrict development on their land for a period of eight (8) or sixteen (16) years. Landowners receive no payment for this, but they become eligible to apply for cost-sharing grants for soil and water conservation projects, and are eligible for the Farmland Preservation Program's other benefits and protections. It also protects the farm from being acquired via eminent domain.
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